The Legal Liability of a Notary Acting as Land Deed Official (PPAT) for Errors and Annulment of a Land Sale and Purchase Deed

Abstract

The Deed of Sale and Purchase (Akta Jual Beli/AJB) constitutes an authentic deed serving as conclusive evidentiary proof in the transfer of land rights. The authority to execute an AJB is vested in the Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT), a public office frequently held concurrently by a Notary. Notwithstanding such authority, legal practice reveals recurring irregularities in the execution of AJB arising from negligence, lack of due care, or procedural non-compliance on the part of the Notary/PPAT, thereby precipitating disputes and potential invalidation of the deed. This research seeks to examine the scope of authority and legal responsibility of a Notary acting in the capacity of PPAT in instances of error or annulment of an AJB, as well as to analyze the ensuing legal consequences. The study adopts a normative juridical method, employing statutory, conceptual, and doctrinal approaches grounded in prevailing legislation and legal scholarship. The findings demonstrate that a Notary/PPAT may incur three categories of liability: (i) civil liability, encompassing the obligation to indemnify losses where an unlawful act (perbuatan melawan hukum) is established; (ii) criminal liability, where elements of forgery or other criminal offenses pursuant to the Indonesian Penal Code are fulfilled; and (iii) administrative liability, in the form of disciplinary sanctions ranging from written warnings to dismissal in accordance with the Law on Notary Office and the regulatory framework governing PPAT. Defects in the AJB may result in the deed being deemed null and void (void ab initio) or voidable, thereby adversely affecting the legal position of the parties concerned. These findings underscore the imperative of professionalism, due diligence, and strict adherence to statutory requirements by Notaries/PPAT in safeguarding legal certainty in land transactions.